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(영문) 서울고법 1986. 2. 19. 선고 85나3648 제11민사부판결 : 확정
[계미청구사건][하집1986(1),78]
Main Issues

In case where a member of the fraternity is entitled to make a direct payment for another fraternity without going through the liquidation procedures of the fraternity.

Summary of Judgment

In the white field for the purpose of the financial savings between the members of the fraternity, the owner of the fraternity is not liable for the receipt of the fraternity and the unpaid amount, and some of the fraternitys are liable for the receipt of the fraternity and the unpaid amount, and the remaining fraternitys are entitled only to receive the fraternity in the relevant sequence by fulfilling the obligation of the fraternity, and if the fraternitys are suspended due to the failure of the fraternitys which are liable for the unpaid amount of the fraternitys, the receiver of the non-paid amount of the rank may request directly the respective fraternitys for the payment of the unpaid amount.

[Reference Provisions]

Articles 703 and 721 of the Civil Act

Plaintiff and appellant

Kim Jong-hee

Defendant, Appellant

Jung-young et al.

Judgment of the lower court

Daejeon District Court of the first instance (85 Gohap64 delivered on July 1, 200)

Text

1. In the original judgment, the part of the Plaintiff’s failure corresponding to the payment order in paragraph (2) below shall be revoked.

2. The Defendants pay to the Plaintiff each of 25 kilograms (90 kilograms per 1 mama) of each white goods.

If it is impossible to enforce the compulsory execution against the above white payment, the amount converted into 76,500 won per 1 mausama shall be paid.

3. The plaintiff's remaining appeals are all dismissed.

4. The costs of the lawsuit are assessed against the Defendants in both the first and second instances.

5. The above paragraph 2 can be provisionally executed.

Purport of claim and appeal

The original judgment shall be revoked.

The defendants jointly pay to the plaintiff 100 Ma (1 1 Mama) and interest rate of 25 % per annum from the following day of the delivery of the copy of the complaint of this case to the date of full payment.

If it is impossible to enforce the compulsory execution against the above white payment, the amount converted into 76,500 won per 1 mausama shall be paid.

Costs of lawsuit shall be borne by the Defendants in both the first and second instances, and a declaration of provisional execution;

Reasons

The plaintiff and the non-party 1 and the non-party 1 and the non-party 2 were not entitled to the above-mentioned Kim Jong-jin's 1 to the above-mentioned Kim Jong-jin's 15th day of each time of payment of the 5th day of each time of the above-mentioned Kim Jong-jin's 1 to the 10th day of each time of payment of the 5th day of each time of the above-mentioned Kim Jong-jin's 1 to the 5th day of each time of payment of the above-mentioned Kim Jong-chul's 1 to the 5th day of each time of payment of the 1st day of the above-mentioned Kim Jong-jin's 1 to the 5th day of each time of payment of the 1st day of the above-mentioned Kim Jong-jin's 1 to the 5th day of each time of payment of the 1st day of the above-mentioned 1 to the 5th day of each time of payment, and there is no dispute between the parties concerned.

According to the above facts, the accounts of this case are established for the purpose of financial savings between the members organized by stipulating that the entire accounts should be paid with a certain amount of accounts according to the order of 4 times each time. However, in the above accounts, the accounts shall not be liable for the receipt of the accounts and the payment of the non-grades, but shall be paid directly to the members of the accounts without any contact and the payment of the non-grades. In addition, in the above accounts, the accounts shall be paid directly to the members of the non-grades in the corresponding order of 5 to 4 times, and the above amounts shall not be paid to the above members of the non-grades of this case, and the Defendants shall not be obliged to pay the non-permanents of this case more than 1 to 4 times, and the Defendants shall not be obliged to pay the non-permanents of this case more than 5 to 5 times after the payment of the non-permanents of this case.

Therefore, the defendants, as the members of the above 2 to 4 fraternitys, are obligated to pay each of the above 6 fraternitys to the plaintiff who had the authority to receive additional rank on November 15, 1984 as the members of the above 9 fraternitys, respectively, and if it is impossible to enforce the above 6,500 won for the above 9 fraternitys, the plaintiff's claim of this case is justified within the above scope of the above recognition, and the remaining claims of the plaintiff are without merit (i.e., the defendants and the plaintiff of Kim Jong-young are individual obligations, and the plaintiff's claim part of the plaintiff's claim is based on the premise that the above joint obligations are debts, and there is no agreement to pay damages for delay when the above 9 fraternitys are delayed, and the part of the court below's decision concerning the payment of damages for delay is dismissed, and there is no reason to dismiss the remaining part of the plaintiff's claim as to the above 9 plaintiff's order of provisional execution and damages for delay as to the above part of this case's judgment is without merit.

Judges Lee Jae-sik (Presiding Judge)

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